PTAB Finds Petition Time Barred, PTAB Litigation Blog
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In 2985 LLC d/b/a Mountain Voyage Company, LLC v. The Ridge Wallet LLC, a Patent Trial and Appeal Board (“PTAB”) panel denied inter partes review (“IPR”) institution where the petition was time barred under 35 U.S.C. § 315(b) (“§ 315(b)”). IPR2024-001264, Paper 15 at 8 (PTAB Feb. 18, 2025). This denial occurred because Petitioner failed to bring the petition requesting institution within one year after the date on which the petitioner, real party in interest, or privy of the petitioner was served with a complaint alleging infringement. Id.; see also 35 U.S.C. § 315(b).
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